Journal Facts

Journal
Journal of Collective Negotiations
ISSN
2167-7816 (print) 2167-7824 (electronic)
Volume
20
Issue
4
Date
12/1/1991

Article Facts

Title
THE 1990-1991 UNITED STATES SUPREME COURT TERM: DECIDED AND PENDING LABOR AND EMPLOYMENT LAW CASES
DOI
10.2190/FC4G-JREN-3HLJ-HYFA
Author
ROBERT L. DOUGLAS
Online Date
05/09/2002

Article Links

THE 1990-1991 UNITED STATES SUPREME COURT TERM: DECIDED AND PENDING LABOR AND EMPLOYMENT LAW CASES

ROBERT L. DOUGLAS

DOI: 10.2190/FC4G-JREN-3HLJ-HYFA

Abstract

The United States Supreme Court's 1990-1991 docket reflects significant judicial attention to a wide variety of labor and employment law issues. As of the writing of this article in January 1991, the Court has issued several opinions and at least fifteen other cases are pending. The cases generally involve statutory ambiguities, conflicting federal statutes and conflicts between federal and state statutes. The Court's discretionary assertion of jurisdiction by granting certiorari in these cases manifests a special judicial sensitivity to the ongoing and natural tension between individual and collective rights in the workplace and also between employee free choice and industrial stability. The ultimate disposition of the Court's diverse docket will provide substantial evidence about the Court's evolving philosophy concerning sensitive labor and employment law issues. In so doing, labor lawyers and scholars will have a useful source of authority for projecting how the delicate balance in labor and employment law will be achieved during the 1990s.

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